Independent monitor says Juvenile Court in Memphis improving

An independent monitor overseeing reforms at Shelby County Juvenile Court has cited improvements, particularly involving the issue of when to transfer a minor to adult court.

Sandra Simkins, a New Jersey law professor, wrote in a recent 33-page report that defense attorneys are fighting harder to keep youths in the juvenile system and judges are scrutinizing more closely which felony cases merit transfer to adult court. Transfers are down, but "still appear high," she noted.

Simkins found that the court "is becoming a healthy court environment where due process rights of children are protected and public safety concerns are addressed," according to the report.

She pointed to an October case in which prosecutors pushed for transfer but the judge sided with the defense, ordering a 15-year-old who was charged with a gun crime to the custody of the state Department of Children's Services for treatment.

Last year, prosecutors filed notices to attempt to transfer about 200 youths, with judges agreeing to transfer 90. In 2012, judges in Memphis transferred 99 minors to adult court, the report states. That's more than half of all youths transferred in Tennessee, the report states.

Veteran Memphis defense attorney Elbert Edwards said due to ongoing, federally mandated reforms, he thinks he has a better chance at convincing a Juvenile Court judge to keep his clients in the juvenile system, where rehabilitation is the focus.

"Anybody charged with aggravated robbery involving a gun was transferred six months ago, period — even if it was their first offense," he said.

He cited a recent case in which his 16-year-old client, who was charged with using a gun during a robbery, was spared transfer and instead sent to Juvenile Intervention & Faith-Based Follow-Up. The mentoring program has been credited with helping to reform some of the area's toughest youths, including former violent gang members now in college.

"He'd never been in trouble before," the attorney said of the 16-year-old, until he teamed up with two friends to rob someone.

Edwards received a progress report earlier this week showing that the teen is participating in all programs and "doing well."

Under Tennessee law, judges are supposed to weigh the severity of the crime, the youth's history and opportunities for rehabilitation before transfer.

Simkins previously had noted that judges who were deciding whether to transfer a minor didn't have enough information about the youth's arrest history and prior attempts at rehabilitation — something Simkins said has been fixed.

In December 2012, the U.S. Department of Justice selected Simkins, a professor at Rutgers University School of Law, to monitor improvements at Shelby County Juvenile Court to protect defendants' rights, including making sure they understand their rights to remain silent, have a court-appointed attorney, go to trial and confront witnesses in court. Simkins created and helps direct the Rutgers Children's Justice Clinic.

Along with Simkins, DOJ officials selected a Florida criminologist and a Michigan detention center expert to oversee other changes following an April 2012 report by the Justice Department's Civil Rights Division citing systemic problems in the way juveniles — especially black youths — accused of crimes are detained, represented and punished.

While Simkins noted several positive changes in her December report, she also pointed to lingering concerns, such as the role of the court's clinical psychologists, who are charged with conducting psychological evaluations.

Simkins found that the mental health evaluators were overreaching the scope of their job by concluding which youths weren't amenable to treatment, a recommendation sent to the judge deciding transfer.

Edwards, who said the psychologists often labeled his clients as not amenable to treatment, agreed.

"They routinely made that determination, and I don't believe it was within their area of expertise," Edwards said. "It's ultimately up to the court, the judge's job."

Larry Scroggs, the court's chief administrative officer, said he felt heartened by Simkins' acknowledgment of improvements.